Article II and the Growth of the American Presidency with John Yoo
As presidential power has expanded over time, questions about the limits of executive authority under Article II of the Constitution have become increasingly important. Modern administrations—across parties—have tested these boundaries through both foreign and domestic policy decisions, prompting ongoing debate about the scope of the presidency.Legal scholar John Yoo will join us in conversation with Baker Institute fellow in Political Science Mark P. Jones to explore the evolution of executive power through a constitutional lens. The discussion will examine the constitutionality of the Trump Administration’s policies in comparison with those of prior presidencies, placing recent actions within a broader historical and legal context.This event is co-sponsored by the Baker Institute Student Forum and the American Enterprise Institute.
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Constitutionalism
Amicus Brief: Hon. William P. Barr and Hon. Michael B. Mukasey in Support of Petitioners
Former AGs Barr and Mukasey Cite Civitas in a SCOTUS Brief
Rational Judicial Review: Constitutions as Power-sharing Agreements, Secession, and the Problem of Dred Scott
Judicial review and originalism serve as valuable commitment mechanisms to enforce future compliance with a political bargain.
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State Courts Can’t Run Foreign Policy
Suncor is also a golden opportunity for the justices to stop local officials from interfering with an industry critical to foreign and national-security policy.
Courting Tyranny
Politicians who care about preserving American freedom and greatness for another 250 years should speak and write in ways that strengthen Americans’ confidence in the judiciary.
The Olympus Spa, Denuded by the 9th Circuit
In its opinion, the Olympus Spa majority acknowledged, “where public accommodations laws impermissibly burden constitutional rights, public accommodations laws must give way.” But its analysis defied the very principle it recognized.
Separation of Powers and Our Constitutional Freedoms
'Separation of Powers' contains something of benefit to everyone, from first-year law students to grizzled veterans of the post-New Deal wars.
Justice Alito Is the Jurist America Needed
Mollie Hemingway’s recent book provides just enough information about Alito’s life to satisfy those who would like to know about his upbringing and life before joining the Court, and, more importantly, how that upbringing helped to shape his values and approach to judging.
